- 1 - HC-KAR NC: 2025:KHC-D:10725 WP No. 22571 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO. 22571 OF 2014 (GM-KEB) BETWEEN: G.M. VEERESH SWAMY, S/O. G.M. THIPPE SWAMY, AGE 28 YEARS, PROP. JAY OM CARBONATED WATER INDISUTRIES, S.N.PET, 2 AND 3 CROSS LINK ROAD, BEHIND NAGAMMA SCHOOL, BALLARY, BALLARY DISTRICT-583102. - PETITIONER (BY SRI. SIDDHARTHA H.M., ADVOCATE) AND: 1. MINISTRY OF HEALTH AND FAMILY WELFARE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA NEW DELHI-01, REPRESENTED BY ITS SECRETARY. 2. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, VIKAS SOUDHA, BANGALORE-560001. 3. FOOD SAFETY OFFICER, DISTRICT SUPERVISION CELL, DISTRICT HOSPITAL CAMPUS, BELLARY BELLARY DISTRICT-583102. 4. COMMISSIONER AND FOOD SAFETY HEALTH AND FAMILY WELFARE SERVICES, SESHADRI ROAD, BANGALORE-560001. 5. THE DEPUTY COMMISSIONER BELLARY DISTRICT, BELLARY-583102. 6. GESCOM. LTD., ASSISTANT EXECUTIVE ENGINEER RURAL DIVISION, GESCOM., NEAR MOTHI CIRCLE, BELLARY-583102. - RESPONDENTS (BY SRI. S.S. BADAWADAGI, ADVOCATE FOR R1 AND R3; SRI. V.S. KALASURMATH, AGA FOR R2, R4, R5; SRI. M.B. KANAVI, ADVOCATE FOR R6) SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.23 18:21:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10725 WP No. 22571 of 2014 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 6TH RESPONDENT NOT TO DISCONNECT THE POWER CONNECTION TO THE PETITIONER MANUFACTURING UNIT PURSUANT TO THE DIRECTIONS ISSUED BY THE 4TH RESPONDENT IN HIS LETTER DATED 08.07.2013 AT ANNEXURE-D AND THE CONSEQUENTIAL DIRECTIONS ISSUED BY THE DEPUTY COMMISSIONER BELLARY 5TH RESPONDENT IN HIS LETTER DATED 10.02.2014 AT ANNEXURE-E AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present writ petition has been filed seeking for issuance of writ of mandamus to direct the 6th respondent not to disconnect power connected to the petitioner’s manufacturing unit. Such apprehension it is stated is pursuant to the direction of the 4th respondent in letter enclosed at Annexure-D as also direction of the Deputy Commissioner at Annexure-E. 2. It is noticed that the correspondence at Annexure-D makes a reference to certain action sought to be taken against those units which did not have a BIS certificate and in light of such BIS certification there was - 3 - HC-KAR NC: 2025:KHC-D:10725 WP No. 22571 of 2014 contemplated action to cut off the power supply. It is submitted by counsel for the respondents that after such proceedings initiated in the year 2014 there have been subsequent developments. It is submitted that apprehension expressed at the time of filing the petition cannot be stated to have continued till the present. 3. It is submitted that in some of the cases lapses have been regularized or rectified. In light of such stand taken by the respondents, question of issuing writ of mandamus does not arise. The petitioner needs to make out a case of violation of his right. Mere apprehension cannot amount to cause enough for issuance of writ of mandamus, unless such apprehension is demonstrated objectively. In light of the same, the petition is rejected. Sd/- (S.SUNIL DUTT YADAV) JUDGE BVV LIST NO.: 1 SL NO.: 10